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Sample permanent employment contract: July 2008

Disclaimer:
This sample contract is provided as a guide to assist community legal centres to develop their own
employment contracts for permanent staff (not casuals). This sample contract does not constitute, and
should not be used as a substitute for, legal advice. Users of the sample contract should not act on any
material or information without obtaining current legal advice relevant to their own particular issue.
The Federation of Community Legal Centres (Vic) Inc and the persons involved in preparing the sample
contract expressly disclaim any liability to any person or entity in respect of any action taken or not
taken in reliance on the sample contract.

[insert date]

Dear ,

Employment Agreement – [Position]

This letter is to record our agreement for you to be employed in the position of [ ] with the
[organisation].

Please read the contents of this agreement and the attached position description carefully. If you have
any questions or concerns please raise them with me. Otherwise, if the agreement and position
description are acceptable, please sign the attached copy and return it to me as soon as possible.

1. Position

[ ]

2. Commencement Date

2008

3. Status

You will be employed on a [full-time/permanent part-time] basis. You will work a [30.4] hour week on a
fortnightly roster working [four] days per week.

4. Duties

Your duties are set out in the attached position description.

5. Applicable industrial instrument


Your employment is presently covered by the Social and Community Services - Victoria - Award 2000
("SACS Award"). The SACS Award sets out minimum terms and conditions which apply to your
employment. A copy of the SACS Award is available for inspection by employees. The [organisation]
may seek to enter into an enterprise bargaining agreement with employees in the future.

6. Salary

You will be paid $[ ] per hour.

7. Salary packaging

Salary packaging is available to eligible employees in accordance with the [organisation’s] salary
packaging policy. The [organisation] may change this policy in its discretion from time to time.
Presently, eligible employees are able to package up to the applicable limit under taxation legislation.

8. Superannuation

Superannuation is paid in accordance with Commonwealth superannuation guarantee charge


legislation. However, the [organisation] calculates superannuation contributions on your gross salary
as opposed to the post-salary packaging amount. Superannuation is presently 9% of salary.

9. Working times and flexitime policy

[The [organisation] promotes flexible working practices. It is expected that your work is performed
between the standard hours of 8am and 6.00pm Monday to Friday. Provided that you attend to the
requirements of your position and subject to the approval of the [Manager], you can determine the
times you work within these hours.]

Work outside of these standard hours requires the approval of the [Manager]. From time to time, you
may be required to work outside of these hours to attend to the requirements of your position.

10. Overtime

Any overtime must be authorised by the [Manager]. Overtime will be paid in accordance with any
applicable industrial instrument. Time off in lieu of overtime may be provided.

11. Place of work and travel

The position is based at the [organisation]’s office. Some travel may be required, for example to
attend meetings or centre visits. You will be compensated for work-related travel expenses in
accordance with the applicable industrial instrument.

12. Reporting

You will report to the [ ]. All employees are ultimately responsible to the Management
Committee of the [organisation].

13. Policies and procedures


It is expected that you actively promote the [organisation’s] values and policies in your daily work. You
must comply with all organisational and operational policies of the [organisation]. The [organisation]
may vary its policies in its discretion from time to time.

14. Performance review

The [organisation] will conduct an annual review of your performance.

15. Termination of employment

The [organisation] may terminate your employment by giving you four weeks notice of termination or
payment in lieu of notice. Employees over 45 years of age at the time of the giving of the notice with
at least two years of continuous service will be entitled to an additional weeks notice. The
[organisation] may terminate your employment without notice in circumstances justifying summary
termination of employment such as serious misconduct.

You may resign by giving the [organisation] four weeks notice.

16. Annual leave

You are entitled to four working weeks annual leave for each complete year of service. An annual
leave loading of 17.5% is payable.

17. Christmas closure

[The [organisation] office is closed between Christmas and New Year. Permanent staff are not required
to work during this period but will still receive their normal weekly salary.]

18. Public holidays

You are entitled to public holidays prescribed by state legislation or any applicable industrial
instrument where that holiday falls on a normal work day.

19. Personal leave

Personal leave accrues in accordance with the applicable industrial instrument. Currently, under the
SACS Award, employees are entitled to 12 days personal leave in the first year of employment. This
entitlement increases in subsequent years.

A medical certificate may be required for personal leave in accordance with the applicable industrial
instrument. If you intend to take personal leave, you must notify the [Manager] by telephone as soon
as practicable on the morning of the absence.

Untaken personal leave will accumulate. Accrued personal leave is not paid out on termination of
employment.

20. Long service leave


Long service leave is provided in accordance with state legislation and any applicable industrial
instrument.

21. Parental leave

Parental leave is provided in accordance with Commonwealth legislation and any applicable industrial
instrument. [In addition to these entitlements, the [organisation] has a paid maternity leave policy
which is available for inspection in our Policies and Procedures Manual.]

22. Acceptance

If the terms of this agreement are acceptable to you, please sign the attached copy and return it to me
as soon as possible.

Yours sincerely

[signatory]

I accept confirmation of the terms of my employment with the [organisation] on the terms set out in
this letter.

Signed……………………….. Dated………………………

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